Legal Opinion

Lams v. F. H. Smith Co.

Superior Court of Delaware

Decided March 13, 1935No. 71PublishedCited by 15 opinions

1Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

The pleas of the defendant having set up the Delaware *479Statute of Frauds and the plaintiffs’ demurrer having been directed thereto, the question presented is whether the Delaware law (the law of the forum) shall be applied in the case. The answer to this question involves the construction of the naturae and character of the Delaware Act. The question is whether, on the one hand, the Act is procedural in nature, having to do with the remedy, or, more properly speaking, the process of machinery by which rights under the contract are litigated or…

2Cases cited15 opinions

  1. Downer v. ChesebroughSupreme Court of Connecticut · 1869
  2. Emery v. BurbankMassachusetts Supreme Judicial Court · 1895
  3. Boone v. CoeCourt of Appeals of Kentucky · 1913
  4. Cochran v. WardIndiana Court of Appeals · 1892
  5. Lincoln v. RagsdaleIndiana Court of Appeals · 1892

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3Cited by15 opinions

  1. Fairbanks, Morse & Co. v. Consolidated Fisheries Co.Court of Appeals for the Third Circuit · 1951
  2. Prashker v. Beech Aircraft Corp.Court of Appeals for the Third Circuit · 1958
  3. Sears, Roebuck and Co. v. Jardel Co., Inc. v. Hirsch, Arkin, Pinehurst, Inc., a Penna. Corp., and Rudolph GuistiCourt of Appeals for the Third Circuit · 1970
  4. Harris v. New York Life InsuranceCourt of Chancery of Delaware · 1943
  5. Kane v. Chrysler CorporationDistrict Court, D. Delaware · 1948

10 more not listed; retrieve them via the Exa API.

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